July 03, 2006

The Right To Jihad

An old friend writes: "Maybe this is the death struggle of the American republic. The Supreme Court made at least a gesture to revive the Rule of Law last week... but... Congress may easily be stampeded on this."

I am not quite so certain what the Supreme Court accomplished last week. I'm skeptical that the Kelo justices have suddenly found religion, as it were, on the Constitution.

Rather than buttress my point (which would require digesting a 180-page decision -- no thanks) I am more inclined to let the Mighty Steyn elaborate on my behalf:

In the broader scheme, Justice Stevens and Co., in torturing the language to explain why the international jihad is not "international," have paradoxically conferred quasi-sovereignty on al-Qaida and its affiliates. The obvious question then is: doesn't that also apply to every other "non-state actor" out there? When Hezbollah blew up that Jewish community center and killed 100 people in Buenos Aires in 1994, surely that too was (as Justice Stevens would see it) an "armed conflict not of an international character occurring in the territory of one of the High Contracting States." In fact, under this definition, what isn't?

What, indeed.

Posted by H.L. Monkey at July 3, 2006 09:38 PM
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